Velocity Communications, Inc., hereinafter referred
to as Velocity, makes no guarantees that service will be available in
all areas advertised. Actual speeds will depend on service location, environmental
conditions, computer configuration, and network congestion. Uninterrupted
service, throughput, and latency are not guaranteed.
In no event will Velocity be held responsible to
Customer for any damages including but not limited to: crashes or adverse
consequences to Customer equipment, business interruptions, or lost profits.
Customer agrees to waive all claims as to such consequences. Velocity recommends
Customer obtain insurance to safeguard against these risks, if Customer’s
carrier provides it. Velocity at no time will be held liable for any damage
or injury to any person(s) or property(s) caused by the equipment it installs
or supplies. Customer agrees to assume all liability and hold harmless
Velocity for equipment installed at Customer's site.
3. Network Monitoring
Velocity reserves the right to disconnect Customer’s
service without notice in the event Velocity detects threats emanating from
Customer’s system or network, regardless of whether they are intentional
or not. These may include: viruses, trojans, spyware, bots, hacking, denial
of service (DoS), misconfigured hardware or software or attempts to gain unauthorized access to another system
or network. Velocity reserves the right to periodically monitor traffic for
such activity. There is no expectation of privacy in Internet use, and
this monitoring will be to safeguard Customer, Velocity's network, and
the Internet as a whole.
Velocity puts no restrictions on use of Customer’s account.
File sharing, web hosting, email serving, and resale of internet service are
NOT prohibited, however, Customer may not resell the service in its entirety without express prior written consent of Velocity. Resale of bandwidth is done at Customer's own risk and without
support from Velocity.
5. Wireless Security
Velocity’s network utilizes radio technology, which means,
your signal is transmitted wirelessly during which time it could be intercepted
by a third party. Velocity will NOT be held responsible for the privacy or security
of information transmitted through its network.
Monthly payments can be made via check, money order,
or credit card. Payments made via check or money order must include an account number or payment coupon. Payments not including an account number or payment coupon will be subject to a payment handling fee. First month's prorated charges and applicable setup fees
are due within 20 days of the Service Date;
the Service Date will commence the first day service is installed and
tested at the Customer's site. Subsequent monthly
payments will be due on the 21st day of each month after the Service Date. If payment is not received within seven days of the due date, Customer will be assessed a late charge. This late charge will be reflected on the following month's invoice. If
payment is not received within thirty (30) days of this date, service will be suspended. If payment is not received within thirty (30) days after suspension, the account will be closed. If account remains closed for an additional thirty (30) days, all leased equipment will be retrieved. If a credit card has been maintained on-file, an attempt will be made to bill any outstanding balance to this card. A minimum $25
reconnect fee will be charged to reinstate service after suspension. Full cost will be charged to reinstall service after equipment is retrieved.
7. Setup Fees
Installation is subject to the fees and charges
advertised at time of signup. Additional components and labor may be required
and will be charged on a time and materials basis.
During the signup process, Customer will be asked to authorize a credit history check. Customers with poor or no credit history may be required to prepay for the install and three (3) months of service at the desired rate before installation can be performed.
Credit for service outages will only be given from date of first call received and will only be given for customer premises equipment failure or defect of installation (bad cable, connector crimp, etc.) Credit will not be given for service interruptions outside Velocity control including but not limited to: radio interference, weather, naturally growing or man-made obstructions (trees, bushes, vegetation, buildings), acts of God, acts of war or terrorism, acts of government, upstream provider failure, network or backhaul failure, power or other utility failure, theft, arson, sabotage, vandalism, or damage caused by animals. Credits must be requested within 60 days of outage via the Billing Claim Form.
Cancelled accounts with a positive balance at the time of cancellation will continue to be charged for 15 days from date of cancellation. Service will remain in operation during this time. After all other charges are paid, customer will be refunded 75% of any remaining balance, with 25% retained by Velocity for administration and processing. Refunds will be mailed to the last billing address on file, and may take up to 8-10 weeks to process.
11. Equipment Lease and Condition
Any equipment that is installed at Customer's
location for the purpose of receiving service from Velocity will remain
property of Velocity and is leased to Customer for the sole purpose
of Customer obtaining Velocity’s High Speed Internet Service.
The Velocity network ends at the "Network" or "Data" port on the power injector installed at Customer's location. All equipment beyond this point is assumed to be owned by Customer and is the sole responsibility of Customer. Customer is responsible for the material condition of all indoor and outdoor cabling and equipment owned by Velocity. Damage, whether intentional or accidental, to Velocity-owned equipment will be repaired at Velocity's discretion and Customer's expense. Velocity is under no obligation to repair or replace
equipment that has failed due to abuse or misuse by Customer. In the event
that, at the end of receiving Velocity’s service, Customer does not return
the equipment in acceptable and serviceable condition, Customer will be
responsible for replacement costs.
Customer agrees to not intentionally
tamper with equipment, cabling, or power supplies to equipment installed
at the customer site unless instructed to do so by a Velocity representative. If the installation has been altered by Customer in any way, hourly charges to return the installation to its original condition may apply.
Adequate electrical surge protection must be provided by Customer for all Velocity-owned equipment. Equipment damaged by power surges, spikes, undervoltages, or fluctuations will be replaced at Velocity's discretion and Customer's expense. Use of uninterruptable power supplies (battery backups) are highly recommended.
12. Third-Party Hardware, Software, and Services
No support will be provided for non-Velocity services such as Netflix, Hulu, Skype, Vonage, etc. No support will be provided for non-Velocity applications such as Outlook, Outlook Express, Thunderbird, Firefox, Mozilla, Internet Explorer, Safari, or Apple Mail. No support will be provided for anti-virus or firewall software. No router support will be provided. No computer or home network support will be provided.
Velocity may change or modify the conditions, access speeds,
pricing and other terms of this service at any time without notice. A current
copy will be maintained on Velocity’s website. Customer agrees to review these changes
from time to time. Customer agrees to be bound by such changes unless and until
it notifies Velocity that it is unwilling, in which case this agreement and service
will be terminated.
Velocity may terminate the service without cause, by giving
fifteen (15) days notice. Notice will be given by postal mail. Customer may also terminate the service without
cause, by giving fifteen (15) days notice. To maintain account security, all termination requests by Customer must be made via telephone. Upon termination of the contract,
all leased equipment will be retrieved.
By using Velocity’s service, Customer agrees to and is subject
to all terms and conditions as described in this document.